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 157 Thirdly, there was false evidence about what occurred at The Dock on 22 March 2019. Mr Lehrmann, in chief and initially in cross-examination, gave evidence to the effect: (a) he purchased one drink for Mr Wenke and one for himself, and that Mr Wenke then returned the shout (T244.14–19); (b) he did not purchase drinks for anyone else (T95.1–2); (c) the only money he spent was $16 (Ex 15; T244.40–41); and (d) he had minimal contact with Ms Higgins (T94.38). Going back to the hierarchy of untruths referred to at the beginning of this subsection, this was an aspect of Mr Lehrmann's evidence where I am unsure whether he was being recklessly indifferent to the truth; or was finding it difficult to remember what was true; or was confused (or a combination of these things).

158 Mr Lehrmann must have known that the relevant CCTV footage (Ex R42 / Ex 17A) would be examined by some with the intensity that others analyse the Zapruder film. Hence, even if one was willing to give false evidence, it was odd to dissemble as to these matters. There was an inevitability the CCTV footage would demonstrate that: (a) he had purchased drinks for Ms Higgins and had seen her consume significant quantities of alcohol; (b) his prior explanation for how he had paid for the drinks would not pass muster; and (c) he spent most of the evening with Ms Higgins. Even if one puts the best complexion on what occurred, it confirms that Mr Lehrmann's evidence is unreliable.

159 Fourthly, there was the evidence as to what occurred at the Canberra bar, 88mph. Mr Lehrmann emphatically denied any intimacy with Ms Higgins at 88mph (T298.19–20). This evidence was not only false (as I will later explain) but was in tension with representations to the Australian Federal Police (AFP) (Ex 31) that he could not recall any intimacy but accepted that he and Ms Higgins "were close" (T298.36; T299.29–43). In trying to reconcile these positions, Mr Lehrmann was then forced to draw a distinction between intimacy and flirtatious behaviour, which resulted in the following nonsensical exchange (T300.5–7):

160 Mr Lehrmann later said he had been truthful in posing and answering a rhetorical question to AFP officers in these terms (T301.28–36):

DR COLLINS: You were asked the question:

"Is it possible [you engaged in intimate behaviour with Ms Higgins at 88mph]?"

Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369